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2010 (1) TMI 13 - HC - Income TaxJurisdiction to reopen assessment – failure to disclose material facts – held that - under the first proviso to the newly substituted section 143(1), with effect from June 1, 1999, except as provided in the provision itself, the acknowledgment of the return shall be deemed to be an intimation under section 143(1) where (a) either no sum is payable by the assessee, or (b) no refund is due to him. It is significant that the acknowledgment is not done by any Assessing Officer, but mostly by ministerial staff. Can it be said that any "assessment" is done by them? The reply is an emphatic "no". The intimation under section 143(1)(a) was deemed to be a notice of demand under section 156, for recovery of tax applicable. By such application only recovery indicated to be payable in the intimation became permissible - Therefore, there being no assessment under section 143(1)(a), the question of change of opinion, as contended, does not arise. – ITAT set aside the orders of reassessment only on the ground there was change of opinion – order of ITAT reversed – reassessment upheld
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